Expert Answer • 2 min read

What disclosures are required for discount pricing claims?

As an e-commerce business owner, I'm confused about the legal requirements for advertising discount pricing. I want to ensure my marketing claims are transparent, accurate, and compliant with consumer protection regulations. What specific disclosures do I need to make when promoting sales, comparing original prices to discounted prices, or creating percentage-off promotions? I want to avoid potential legal issues and maintain customer trust while effectively marketing my products.
Muhammed Tüfekyapan

Muhammed Tüfekyapan

Founder & CEO

2 min

TL;DR - Quick Answer

Required disclosures for discount pricing claims include: the exact terms of eligibility (minimum purchase, product exclusions, customer restrictions), the expiration date and time, any stacking restrictions, and - when using reference prices - the basis for the 'was' price. Material terms must be clear and conspicuous, not buried in fine print.

Complete Expert Analysis

Required Disclosures for Discount Pricing Claims

Consumer protection regulators apply a "clear and conspicuous" standard: material terms must be presented in a way that a reasonable customer would actually see and understand. Disclosures buried in footnotes or linked-away terms do not meet this standard.

What Must Be Disclosed

Claim TypeRequired DisclosureWhere to Show It
"X% off" claimOff what reference price, which products applyNear the claim, not just in T&Cs
Limited time offerExact expiration date and timeIn the offer itself
Minimum purchase requiredThe threshold amount and currencyBefore customer adds to cart
New customer onlyEligibility restrictionIn the offer, not just T&Cs
Influencer promo codePaid partnership / #ad disclosureAt the start of content, prominently

Clear and Conspicuous Standard

The FTC's clear and conspicuous standard requires that disclosures be:

  • Close in proximity to the claim they modify
  • In a font size and color that's readable (not 6pt grey text)
  • Not contradicted by other elements on the page
  • Available before the purchase decision (not only at checkout)

A practical test: would a customer feel misled if they only read the headline claim and not the fine print? If yes, the disclosure isn't clear and conspicuous enough.

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Muhammed Tüfekyapan

Muhammed Tüfekyapan

Founder & CEO of Growth Suite

With over a decade of experience in e-commerce optimization, Muhammed founded Growth Suite to help Shopify merchants maximize their conversion rates through intelligent behavior tracking and personalized offers. His expertise in growth strategies and conversion optimization has helped thousands of online stores increase their revenue.

E-commerce Expert Shopify Partner Growth Strategist

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